Time, Completion and Delay Damages

Mind Map by , created over 6 years ago

Mind Map on Time, Completion and Delay Damages, created by petersolomon3 on 05/08/2013.

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Created by petersolomon3 over 6 years ago
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Exemption clauses
Time, Completion and Delay Damages
1 Site access
1.1 Failure to give access is a repudiatory breach
2 The obligation to complete
2.1 Implied term
2.1.1 Supply of Goods and Services Act 1982
2.1.2 Charnock v Liberpool Corpn [1968]
2.2 Completion ceases to apply if:
2.2.1 breach of contract or act of prevention by the employer
2.2.2 no applicable provision for extension of time Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd Damages restricted to general only
2.3 EOT clauses protect the contractor against liability for delay
2.3.1 If no express provision for EOT - Time is said to be "at large" Complete within a reasonable time No certain LD date
2.4 Time not generally of the essence
2.4.1 Employer can serve notice to make time of the essence, if sufficient time has elapsed Behzadi v Shaftesbury Hotels Ltd
3 Obligation to progress the works
3.1 In the absence of express provision, business efficacy may require dilligent and reasonable progress
3.1.1 GLC v Cleveland Bridge and Engineering
3.1.2 Express provision “expressly and diligently” or with “due expedition and without delay”
4 Extension of time
4.1 Contractor liable for delay unless
4.1.1 EOT awarded
4.1.2 Time is at large To avoid this - contracts include provisions for Employer delay Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd
4.2 Note condition precedent of contracts
4.3 Arbitrators can open up and revise up or down, EOT awards
4.4 Contracts contain rules relating to EOT
4.4.1 John Barker Construction Limited v London Portman Hotel Limited
5 Liquidated Damages
5.1 Contra preferentum rule applies
5.2 LD's may not be granted if they are penal, failure to follow condition precedent, acts of prevention by the employer
5.3 Unliquidated damages
5.3.1 Bovis Construction v Whatlings Construction Ltd Failure to mitigate
5.4 Effect of £NIL insertion
5.4.1 Temloc Ltd v Errill Properties Limited
5.5 Limitations
5.5.1 Unenforceable penalty Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Company Ltd “extravagant and unconscionable
5.5.2 Time at large
5.5.3 Condition precedent Avoncroft Construction Limited v Sharba Homes
5.5.4 Waiver or estoppel
6 Concurrent Delay
6.1 Three credible theories exist
6.1.1 Dominant cause
6.1.2 Malmaison case
6.1.3 City Inn

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